I recently received a DUI (0.15), It will be a possibility to avoid the 5 days in jail?

Dear Christiansburg - Please be careful what you post on line. The best way to avoid mandatory jail is to get a lawyer who is known in Montgomery County. He/She can talk with the officer and prosecutor about it - good luck! DO NOT GO THIS ALONE!

No competent attorney could possibly answer this question with any measure of certainty without first examining all the evidence in your case.

OK, so there is difference between being charged with a DWI .15 and being CONVICTED of a DWI .15. If you are CONVICTED of a DWI .15, you are facing mandatory jail time along with a few other serious consequences which your lawyer must discuss with you. This is a case where you absolutely should NOT waive your right to counsel. Depending on the facts of your case, you may be able to get it dismissed at trial OR even if there is enough to support a conviction, perhaps your attorney can convince the commonwealth attorney to strike the .15 on the charging document and amend it to a .14 or lower, making this a non-mandatory jail case (assuming it is your first DWI and there are no additional aggravating factors) as a condition to a plea of guilty, if that is what your attorney advises you to do. Hire an attorney (or get court appointed counsel or a public defender) and explain all of the facts to him or her. They will discuss any and all defenses with you. If it turns out there are no defenses, they will tell you how to prepare for court (ie, what proactive action to take prior to court, such as community service, asap, letters of recommendation, independent alcohol evaluation, etc) in an effort to get the best possible outcome in negotiating with the prosecuting attorney, hopefully to break the case down by .01 and take you out of the mandatory jail time.

You would avoid mandatory jail time if 1) the .15 BAC evidence is excluded from the record and you are convicted of a DUI or if 2) you are found not guilty of the charge completely. I agree with the other attorneys that recommend hiring an attorney to investigate the defenses that should be used in your case. And yes, be careful what you admit to online... it is not protected by attorney-client confidentiality.